Indictment
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28Jul17


Text of the indictment charging Pedro Nel Rincón Castillo
and four other Colombian emerald miners with drug trafficking


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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO. 17-20547-CR-UNGARO-O'SULLIVAN
21 U.S.C. 963
21 U.S.C. 853

UNITED STATES OF AMERICA
vs.
PEDRO NEL RINCON-CASTILLO,
a/k/a "Pedro Orejas,
"OMAR JOSUE RINCON-CASTILLO,
HORACIO DE JESUS TRIANA-ROMERO,
JOSE ROGELIO NIETO-MOLINA, and
GILBERTO RINCON-CASTILLO,
Defendants.

INDICTMENT

The Grand Jury charges that:

Beginning at least as early as in and around 2002, the exact date being unknown to the Grand Jury, and continuing through in and around 2015, in the countries of Colombia, Venezuela, Mexico, Dominican Republic, Haiti, and elsewhere, the defendants,

PEDRO NEL RINCON-CASTILLO,
a/k/a "Pedro Orejas,"
OMAR JOSUE RINCON-CASTILLO,
HORACIO DE JESUS TRIANA-ROMERO,
JOSE ROGELIO NIETO-MOLINA, and
GILBERTO RINCON-CASTILLO,

did knowingly and willfully combine, conspire, confederate, and agree with each other and others known and unknown to the Grand Jury, to distribute a controlled substance in Schedule II, intending, knowing, and having reasonable cause to believe that such controlled substance would be unlawfully imported into the United States, in violation of Title 21, United States Code, Section 959(a)(2); all in violation of Title 21, United States Code, Section 963.

With respect to defendants, PEDRO NEL RINCON-CASTILLO, a/k/a "Pedro Orejas," OMAR JOSUE RINCON-CASTILLO, HORACIO DE JESUS TRIANA-ROMERO, JOSE ROGELIO NIETO-MOLINA, and GILBERTO RINCON-CASTILLO the controlled substance involved in the conspiracy attributable to them as a result of their own conduct, and the conduct of other conspirators reasonably foreseeable to them, is five (5) kilograms or more of a mixture and substance containing a detectable amount of cocaine, in violation of Title 21, United States Code, Sections 963 and 960(b)(1)(B).

FORFEITURE ALLEGATIONS

1. The allegations contained in this Indictment are re-alleged and incorporated by reference as though fully set forth herein for the purpose of alleging forfeiture to the United States of America of certain property in which the defendants, PEDRO NEL RINCON-CASTILLO, a/k/a "Pedro Orejas," OMAR JOSUE RINCON-CASTILLO, HORACIO DE JESUS TRIANA-ROMERO, JOSE ROGELIO NIETO-MOLINA, and GILBERTO RINCON-CASTILLO have an interest.

2. Upon conviction of the violation alleged in this Indictment, the defendants shall forfeit to the United States any property constituting, or derived from, any proceeds the defendant obtained, directly or indirectly, as the result of such violation and any property which the defendants used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.

All pursuant to Title 21, United States Code, Section 853.

A TRUE BILL
FOREPERSON
[Signed]
Benjamin G. Greenberg
Acting United States Attorney
[Signed]
Robert Emery
Assistant United States Attorney



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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: PEDRO NEL RINCON-CASTILLO, a/k/a "Pedro Orejas"
Case No: _______________________________________________________
Count #: 1
Conspiracy to distribute cocaine with knowledge that it will be imported into the United States Title 21, United States Code, Section 963
* Max. Penalty: Life Imprisonmemt

* Refers only to possible term of incarceration, does not include possible fines, restitution, special assessments, parole terms, or forfeitures that may be applicable.


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: OMAR JOSUE RINCON-CASTILLO
Case No: _______________________________________________________
Count #: 1
Conspiracy to distribute cocaine with knowledge that it will be imported into the United States Title 21, United States Code, Section 963
* Max. Penalty: Life Imprisonment

*Refers only to possible term of incarceration, does not include possible fines, restitution, special assessments, parole terms, or forfeitures that may be applicable.


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: HORACIO DE JESUS TRIANA-ROMERO
Case No: _______________________________________________________
Count #: 1
Conspiracy to distribute cocaine with knowledge that it will be imported into the United States Title 21, United States Code, Section 963
* Max. Penalty: Life Imprisonment

*Refers only to possible term of incarceration, does not include possible fines, restitution, special assessments, parole terms, or forfeitures that may be applicable.


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: JOSE ROGELIO NIETO-MOLINA
Case No: _______________________________________________________
Count #: 1
Conspiracy to distribute cocaine with knowledge that it will be imported into the United States Title 21, United States Code, Section 963
* Max. Penalty: Life Imprisonment

*Refers only to possible term of incarceration, does not include possible fines, restitution, special assessments, parole terms, or forfeitures that may be applicable.


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: GILBERTO RINCON-CASTILLO
Case No: _______________________________________________________
Count #: 1
Conspiracy to distribute cocaine with knowledge that it will be imported into the United States Title 21, United States Code, Section 963
* Max. Penalty: Life Imprisonment

*Refers only to possible term of incarceration, does not include possible fines, restitution, special assessments, parole terms, or forfeitures that may be applicable.


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small logoThis document has been published on 23Aug17 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.